New Mexico will not file charges against officers who fatally shot a man at the wrong address

No criminal charges will be filed against three New Mexico police officers who went to the wrong address last year when they responded to a domestic violence call and shot and killed the armed homeowner who came to the door, state officials said.

This was reported by the New Mexico Department of Justice a report a review will be posted on friday Seth W. Stoughtona former police officer and professor at the University of South Carolina School of Law, had concluded that Farmington police officers did not use excessive force when they shot Robert Dotson, 52, on April 5, 2023, around 11:45 p.m.

The department said it also examined police reports, witness statements, videos and photographs.

The report acknowledged that the officers – Daniel Estrada, Dylan Goodluck and Waylon Wasson – went to the wrong address: 5305 Valley View Avenue, instead of 5308 Valley View Avenue. Once there, Officer Wasson knocked on the front door several times, saying “Police Department” once and “Farmington Police Department” twice, the report said.

“Unexpectedly, Mr. Dotson opened the front door and storm door, then partially exited the home while raising a firearm in firing position and pointing in the direction of the officers,” the report said. “At that point, Professor Stoughton concluded that Mr. Dotson posed an imminent threat of death or great bodily harm to the officers, and that all three had reasonably fired their weapons, within the bounds of accepted police practice.”

After the officers shot Mr. Dotson, his wife, Kimberly Dotson, shot at the officers with a handgun from the doorway, investigators said, and Officers Estrada and Wasson returned fire. She put the gun down when she realized they were police officers. Ms. Dotson and the officers were unharmed.

Professor Stoughton found that Officers Estrada and Wasson did not use excessive force when they shot Ms. Dotson because the shots she fired “created a second imminent threat of death or great bodily harm to the officers,” and the officers “again reasonably returned fire,” the report said.

Given Professor Stoughton's findings, the state would not be able to meet the standard of proof necessary to support criminal charges, the report said. “As such, the New Mexico Department of Justice considers this case closed,” the report said.

Thomas M. Clark, an attorney for the Dotson family, said Wednesday that the family was devastated.

“They see this as a slap in the face to an innocent man who was murdered in his home when the police should not have been on his doorstep,” Mr Clark said.

Mr. Dotson, a mechanic who worked on trucks and heavy machinery, was blinded by officers' flashlights when he opened the front door and had “no idea” the people there were police officers, Mr. Clark said.

“This should be pretty scary for everyone in New Mexico,” Mr. Clark said. “You open your door late at night and you happen to have a gun because you don't know who's in your front yard, and it's open season on you.”

Luis E. Robles, an attorney representing the officers and the city of Farmington in a wrongful death lawsuit brought by the Dotson family, said the officers were “confident that the shooting was lawful and are now relieved” that the department of New Mexico Justice Department has agreed.

“These officers did nothing to cause Mr. Dotson to fear for his safety,” Mr. Robles said Wednesday. “So when he opened the door with a gun, he gave the officers no realistic choice but to use deadly force.”

In a statement, Farmington Police Chief Steve Hebbe expressed his appreciation for the New Mexico Department of Justice and its “exhaustive look at this case.”

“At the same time, this was extremely tragic,” Chief Hebbe said, “and I continue to say that I am deeply sorry for the Dotson family's loss.”